People v. Byron
201 Cal. Rptr. 3d 330
| Cal. Ct. App. | 2016Background
- Allyson Byron, released on PRCS in 2012 after a felony conviction, was arrested on Jan 13, 2015 for a PRCS violation (positive meth test and related conduct).
- On Jan 15, 2015 a neutral hearing officer conducted an informal hearing, found probable cause, advised Byron of charges and a recommended 180-day county-jail modification.
- A revocation petition under Penal Code §3455 was filed Jan 22; Byron moved to dismiss Jan 26 (denied the same day), denied the allegations Feb 5, and waived time for the revocation hearing.
- An evidentiary hearing was held Feb 27, 2015 (about 45 days after arrest); the trial court found a PRCS violation and ordered 140 days in county jail.
- Byron appealed, arguing her due process rights were violated because she was not arraigned in superior court within 10 days of arrest and not given a Morrissey-compliant probable-cause hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PRCS revocation procedures violated Morrissey/Vickers due process by not arraigning Byron in superior court within 10 days and providing a Morrissey-style probable-cause hearing | The People: county complied with §3455; informal probable-cause hearing by neutral officer satisfied due process and superior-court hearing occurred within a reasonable time | Byron: PRCS revocation should follow parole timelines (arraignment within 10 days; probable-cause hearing within 15 days) per Williams and Morrissey | Court held PRCS procedures satisfied Morrissey/Vickers; county’s informal probable-cause hearing and later superior-court proceedings were constitutionally adequate; Williams (a parole case) does not control PRCS timing |
| Whether any procedural deviation required reversal absent prejudice | The People: any deviation was harmless; Byron suffered no prejudice and already served the sanction | Byron: timing and form of hearings deprived her of required protections, warranting relief | Court held defendant must show prejudice; no prejudice shown and any deviation was harmless beyond a reasonable doubt |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (parole revocation requires preliminary probable-cause hearing and a subsequent final hearing)
- People v. Vickers, 8 Cal.3d 451 (1972) (Morrissey protections extended to probation revocations; unitary hearings may suffice if protections are equivalent)
- Williams v. Superior Court, 230 Cal.App.4th 636 (2014) (parole revocation under Realignment requires arraignment within 10 days and probable-cause hearing within 15 days)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (Morrissey mandates preliminary and final revocation hearings)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (due-process balancing test)
- Spencer v. Kemna, 523 U.S. 1 (1998) (no remedy where petitioner has already served the challenged sentence)